Price restrictions for certain off-patent or generic drugs and providing a penalty. (FE)

Under the bill, the attorney general may request the manufacturer or wholesale distributor of an essential off-patent or generic drug to submit a statement within 45 days that does all of the following: 1) itemizes the components of the cost of producing the drug; 2) identifies the circumstances and timing of any increase in materials or manufacturing costs that cause a price increase; 3) identifies the circumstances and timing of any expenditures made to expand access to the drug;

4) explains improvements in public health associated with any expenditures made to expand access to the drug; and 5) provides any other information that the manufacturer believes is relevant to whether it violated the prohibition on price gouging. The bill also authorizes the attorney general to require a manufacturer or wholesale distributor of a prescription drug to produce records or other documents that may be relevant to investigating price gouging of an essential off-patent or generic drug.

The bill also authorizes the attorney general to petition a circuit court for various orders, including compelling a manufacturer or wholesale distributor to provide a statement or other records required under the bill, enjoining price gouging, restoring money to a consumer, requiring a manufacturer to make drugs available to state public assistance and the group health insurance programs at their previous prices, and a civil forfeiture of up to $10,000 for each instance of price gouging. The attorney general must generally provide a manufacturer or wholesale distributor with an opportunity to meet to offer a justification for an increase in the price of an essential off-patent or generic drug before filing a petition authorized by the bill.